Legal Opinion · Concurrence

Barnes v. Westfield Group

Superior Court of Pennsylvania

Decided November 27, 2012Published

1Concurrence

CONCURRING OPINION BY

LAZARUS, J.

I fully join in the majority’s decision to reverse the trial court’s order granting Appellee summary judgment and to remand this case on the basis that a reasonable person could conclude that Appellant was vehicle-oriented when he was struck and injured by an unidentified driver. I write separately, however, to express my disapproval of the trial judge’s failure to disclose his wife’s employment with the defense law firm prior to the decision on the motion for summary judgment. Not only did the trial judge err on the law as applied to the facts of this case,…

2Cases cited5 opinions

  1. United States v. HollandCourt of Appeals for the Ninth Circuit · 2008
  2. Reilly v. Southeastern Pennsylvania Transportation AuthoritySupreme Court of Pennsylvania · 1985
  3. Commonwealth v. WhitmoreSupreme Court of Pennsylvania · 2006
  4. Gallagher v. Harleysville Mutual InsuranceSuperior Court of Pennsylvania · 1992
  5. Kevin Miles v. Charles RyanCourt of Appeals for the Ninth Circuit · 2012

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